No person in a public park and recreation area
shall:
A. Willfully mark, deface, disfigure, injure, tamper
with or displace or remove any buildings, bridges, tables, benches,
fireplaces, railings, pavings or paving materials, waterlines or other
public utilities or parts or appurtenances thereof, signs, notices
or placards, whether temporary or permanent, monuments, stakes, posts,
or other boundary markers, or other structures or equipment, facilities
or park property or appurtenances whatsoever either real or personal.
B. Fail to cooperate in maintaining restrooms and washrooms
in a neat and sanitary condition. No person over the age of six years
shall use the restrooms and washrooms designated for the opposite
sex.
C. Dig or remove any soil, rock, sand, stones, trees,
shrubs or plants or other wood or materials or make any excavation
by tool, equipment, blasting or other means or agency.
D. Construct or erect any building or structures of whatever
kind, whether permanent or temporary, or run or string any public
service utility into, upon or across such lands, except on special
written permit issued hereunder.
E. Damage, carve, transplant or remove any tree or plant
or injure the bark, or pick flowers or seed of any tree or plant,
dig in or otherwise disturb grass areas or in any other way injure
the natural beauty or usefulness of any area.
F. Climb any tree or walk, stand or sit upon monuments,
vases, planters, fountains, railings, fences or upon any other property
not designated or customarily used for such purposes.
G. Tie or hitch any animal to any tree or plant.
H. Hunt, molest, harm, frighten, kill, trap, pursue,
chase, tease, shoot or throw missiles at any animal, wildlife, reptile
or bird; nor shall be or she remove or have in his or her possession
the young of any wild animal, or the eggs or nest or young of any
reptile or bird. Exception to the foregoing is made in that snakes,
known to be deadly poisonous, or deadly reptiles may be killed on
sight.
I. Throw, discharge or otherwise place or cause to be
placed in the waters of any fountain, pond, lake, stream or other
body of water in or adjacent to any park or any tributary stream,
storm sewer or drain flowing into such water any substance, matter
or thing, liquid or solid, which will or may result in the pollution
of the waters.
J. Have brought in or shall dump in, deposit or leave
any bottles, broken glass, ashes, paper, boxes, cans, dirt, rubbish,
waste, garbage or refuse or other trash. No such refuse or trash shall
be placed in any waters or contiguous to any park, or left anywhere
on the grounds thereof, but shall be placed in the proper receptacles
where these are provided. Where receptacles are not provided, all
such rubbish or waste shall be carried away from the park by the person
responsible for its presence and properly disposed of elsewhere.
K. Drive any vehicle on any area except the paved park
roads or parking areas or such areas as may on occasion be specifically
designated as temporary areas by the Recreation Commission.
L. Park a vehicle in other than an established or designated
parking area and such shall be in accordance with posted directions
thereat and with the instruction of any attendant who may be present.
M. Leave a vehicle standing or parked at night in established
parking areas or elsewhere in the park areas.
N. Leave a bicycle in a place other than a bicycle rack
when such is provided and there is space available.
O. Ride a bicycle without reasonable regard to the safety
of others.
P. Leave a bicycle lying on the ground or paving or set
against trees or in any place or position where other persons may
trip over or be injured by them.
Q. Swim, bathe or wade in any waters or waterways in
or adjacent to any park.
R. Carry or possess firearms of any description, or air
rifles, spring guns, bows and arrows, slings or any other forms of
weapons potentially inimical to wildlife and dangerous to human safety,
or any instrument that can be loaded with and fire blank cartridges
or any kind of trapping device. Shooting into park areas from beyond
park boundaries is forbidden.
S. Picnic or lunch in a place other than those designated
for that purpose. Attendants shall have the authority to regulate
activities in such areas when necessary to prevent congestion and
to secure the maximum use for the comfort and convenience of all.
Visitors shall comply with any directions given to achieve this end.
T. Violate the regulation that use of individual fireplaces
together with tables and benches follows the generally accepted rule
of first come, first served.
U. Use any portion of the picnic area or any of the buildings
or structures therein for the purpose of holding picnics to the exclusion
of other persons, nor shall any person use such areas and facilities
for an unreasonable time if the facilities are crowded.
V. Leave a picnic area before the fire is completely
extinguished and before all trash is placed in the disposal receptacles
where provided. If no such trash receptacles are available, then trash
shall be carried away from the park area by the picnicker to be properly
disposed of elsewhere.
W. Set up tents, shacks or any other temporary shelter
for the purpose of overnight camping; nor shall any person leave in
a park, after closing hours, any movable structure or special vehicle
to be used or that could be used for such purpose, such as house trailer,
camp trailer, camp wagon or the like except in those areas designated
by the Park Commission for those purposes.
X. Take part in or abet the playing of any games involving
thrown or otherwise propelled objects, such as balls, stones, arrows,
javelins, horseshoes, quoits or model airplanes except in those areas
set apart for such forms of recreation. The playing of rough or comparatively
dangerous games, such as football, soccer, baseball, skateboarding
and lacrosse is prohibited except on the fields and courts or areas
specifically designed for such pastimes. Specifically, use of roller
skates or skateboards or bicycle riding on tennis courts is prohibited.
Y. Ride a horse except on designated bridle trails where
permitted. Horses shall be thoroughly broken and properly restrained
and ridden with due care and shall not be allowed to graze or go unattended,
nor shall they be hitched to any rock, tree or shrub.
While in a public park or recreation area, all
persons shall conduct themselves in a proper and orderly manner, and,
in particular, no person shall:
A. Bring or possess alcoholic beverages with an intent
to consume the same within the park, or consume alcoholic beverages.
[Amended 2-17-2009 by Ord. No. 2009-1]
B. Have in his or her possession, or set or otherwise
cause to explode or discharge or burn, any firecrackers, torpedo rockets
or other fireworks, firecrackers or explosives of inflammable material
or discharge them or throw them into any such areas from lands or
highways adjacent thereto. This prohibition includes any substance,
compound, mixture or article that in conjunction with an other substance
or compound would be dangerous from any of the foregoing standpoints.
At the discretion of the Recreation Commission, permits may be given
for conducting properly supervised fireworks in designated park areas.
C. Be responsible for the entry of a dog or other domestic
animal into areas clearly marked by the Recreation Commission by signs
bearing the words "Domestic Animals Prohibited in This Area." Nothing
herein shall be construed as permitting the running of dogs at large.
All dogs in those areas where such animals are permitted shall be
restrained at all times on adequate leashes not greater than six feet
in length.
D. Solicit alms or contributions for any purpose, whether
public or private, without permission of Borough Council as required
by ordinance.
E. Build or attempt to build a fire except in such areas
and under such regulations as may be designated by the Recreation
Commission. No person shall drop, throw or otherwise scatter lighted
matches, burning cigarettes or cigars, tobacco paper or other inflammable
material within any park or on any highways, roads or streets abutting
or contiguous thereto.
F. Enter an area posted as "Closed to the Public," nor
shall any person use or abet in the use of any area in violation of
posted notices.
G. Gamble, or participate in or abet any game of chance,
except in such areas and under such regulations as may be designated
by the Recreation Commission.
H. Go onto the ice on any of the waters, except such
areas as are designated as skating fields and provided that a safety
signal is displayed.
I. Sleep or protractedly lounge on the seats or benches
or other areas or engage in loud, boisterous, threatening, abusive,
insulting or indecent language or engage in any disorderly conduct
or behavior tending to breach the public peace.
J. Fail to produce and exhibit any permit from the Recreation
Commission he or she claims to have upon request of any authorized
person who shall desire to inspect the same for the purpose of enforcing
compliance with any ordinance or rule.
K. Disturb or interfere unreasonably with any person
or party occupying any area or participating in any activity under
the authority of a permit.
L. Expose or offer for sale any article or thing, nor
shall be or she station or place any stand, cart or vehicle for the
transportation, sale or display of any such article or thing. Exception
is here made as to any regularly licensed concessionaire acting by
and under the authority and regulation of the Recreation Commission.
M. Paste, glue, tack or otherwise post any sign, placard,
advertisement or inscription whatever, nor shall any person erect
or cause to be erected any sign whatever on any public lands or highways
or roads adjacent to a park.
Permits for special events in parks shall be
obtained by application to the Recreation Commission in accordance
with the following procedure:
A. A person seeking issuance of a permit hereunder shall
file an application with the Recreation Commission stating:
(1) The name and address of the applicant.
(2) The name and address of the person, persons, corporation
or association sponsoring the activity, if any.
(3) The day and hours for which the permit is desired.
(4) The park or portion thereof for which such permit
is desired.
(5) Any other information which the Recreation Commission
shall find reasonably necessary to a fair determination as to whether
a permit should be issued hereunder.
B. Standards for issuance of a use permit by the Recreation
Commission shall include the following findings:
(1) That the proposed activity or use of the park will
not unreasonably interfere with or detract from the general public
enjoyment of the park.
(2) That the proposed activity and use will not unreasonably
interfere with or detract from the promotion of public health, welfare,
safety and recreation.
(3) That the proposed activity or uses that are reasonably
anticipated will not include violence, crime or disorderly conduct.
(4) That the proposed activity will not entail extraordinary
or burdensome expense or police operation by the Borough.
(5) That the facilities desired have not been reserved
for other use at the date and hour requested in the application.
C. Appeal.
(1) Within five days after the receipt of an application,
the Recreation Commission shall apprise an applicant in writing of
its reasons for refusing a permit, and any aggrieved person shall
have the right to appeal to the Borough Council by serving written
notice thereof on the Borough Clerk within five days of the refusal.
(2) A copy of the notice shall also be served on the Recreation Commission within the same time and the Commission shall immediately forward the application and the reasons for its refusal to the Borough Council which shall consider the application under the standards set forth under Subsection
B hereof and sustain or overrule the Recreation Commission's decision within ten days from the receipt of the appeal by the Borough Clerk. The decision of the Borough Council shall be final.
D. A permittee shall be bound by all park rules and regulations
and all applicable ordinances fully as though the same were inserted
in the permits.
E. The person or persons to whom the permit is issued
shall be liable for all loss, damage or injury sustained by any person
whatever by reason of the negligence of the person or persons to whom
such permit shall have been issued. The Recreation Commission shall
have the right to require any permittee to submit evidence of liability
insurance covering injuries to members of the general public arising
out of such permitted activities in such amounts as may be from time
to time determined by the Commission prior to the commencement of
any activity or issuance of any permit.
F. Revocation. The Recreation Commission shall have the
authority to revoke a permit upon a finding of violation of any rule,
or ordinance, or upon good cause shown.
No owner or driver shall cause or permit his
or her vehicle to stand outside of designated parking spaces, except
for a reasonable time to take up or discharge passengers or equipment.
No motor vehicle shall be parked in the park areas from one half hour
after sunset until sunrise, except as otherwise permitted.
The Borough reserves the right with respect
to any or all of the public park and recreation areas, and any facilities
located therein, to enter into agreement with the Board of Education
of the Borough concerning the control and use thereof; anything contained
in this article to the contrary notwithstanding, any use of the premises
or the facilities by the Board of Education pursuant to any agreement
with the Borough Council or Recreation Commission heretofore or hereafter
entered into shall be free and exclusive from any control or supervision
of or by the Recreation Commission.
[Amended 9-15-1997 by Ord. No. 97-20]
Any person violating any of the provisions of this article or any rule or regulation promulgated pursuant hereto, shall upon conviction be subject to penalties as provided in Chapter
1, General Provisions, Art. 1.
This article is in addition to and not in derogation
of any other ordinance involving or effecting any of the subject matters
contained in the within article.